Legal Question in Landlord & Tenant Law in Illinois
2 roomates and i signed a one year agreement starting from oct. 1 2008- oct. 1 2009 for 1400 a month. in the contract under holding over it states "lessee agrees to provide a minimum of sixty days notice prior to the expiration of the terms hereinbefore stated of lessee's intent to vacate or retain possession of the premises." owner is trying to receive 2 months extra for compinsation of non notification because we moved out oct. 1 2009 and says he is keeping security deposit. is this lawful ?
eric
2 Answers from Attorneys
Does the lease also say what happens if you do NOT give notice? If it says you owe 2 months' rent for failure to do so, you have a problem, because you didn't do what you were supposed to do. If it does not, you may have a case that 2 months' rent is just not fair, but you'll have to sue for it. Frankly I don't recall ever seeing a residential lease like this, but if it's in a very small building it's possible the landlord got burned and wrote this in. PS The landlord is supposed to tell you within 30 days of move-out what if anything he's withholding or he could be liable for double damages especially for the security deposit under Illinois law. Typically, though, if there's a written lease for a specific period in Illinois, the statutes require the tenant to move out on the expiry date without notice being required, so this seems a bit lop sided. There are some facts here that you should lay out for an attorney to look at. Good luck
Is it lawful? Probably yes, as you agreed to these terms and by implication did not give a 60-day notice. Why did you not give notice? Are there other facts related to the condition of the rental unit or attempts to notify the landlord? Were you sick in the hospital or traveling overseas?
Please discuss this with an attorney to fully understand the facts and law, and then make your decision on what to do.
This response is a general answer to a general question as a public service, and as is not legal advice. Nor does it create an attorney client relationship. You should talk with an attorney.
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